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GENERAL OPERATING POLICIES FOR PROBLEM CHILD KUSTOMS STUDIO

It is imperative that you review and understand completely the terms and conditions below PRIOR to entering into any work agreement or place an order of ANY kind with Problem Child Kustoms Studio, as stated on your LOA, with web address provided to guide you to this page. Any work performed by Problem Child Kustoms Studio will be furnished with the understanding that you have completely read and understand the following. If you have questions or concerns, please feel free to contact us via email . It is the responsibility of the end client to review and understand these terms. The Artist is available to discuss and clarify any items not immediately comprehended by the client, and encourages your questions or comments. Thank you.

Quick links to commonly viewed sections contained herein:
General Overview, Privacy, General Order Policy, Payment Policy, Renderings (general terms), Store Special Promotions, Downloads/Media Streaming, Turnaround, Shipping, Cancellations, Returns, Refunds, Legal, Disclaimers, Service Specifics

PLEASE BE ADVISED:

ALL ARTWORK and INTELLECTUAL PROPERTY (read as "DESIGN CONCEPTS", "RENDERINGS", "SKETCHES", "ARTWORK", "COMPS", ETC ) presented on this website are the SOLE PROPERTY OF PROBLEM CHILD KUSTOMS STUDIO and its owner, respectively, and are PROTECTED UNDER UNITED STATES COPYRIGHT, and presented with ALL RIGHTS RESERVED. All designs, intellectual property and artwork in general are registered with the United States Copyright Office of the Library of Congress. In other words, everything is regestered and protected, and any use without EXPRESS, WRITTEN CONSENT is STRICTLY FORBIDDEN, and will be dealt with via the United States Library of Congress Copyright Office. We take a proactive approach to protecting our work, and pursue infringement vigorously. Please don't steal our work.

Facebook Fans, please note all new changes and information per update March 11, 2011 (addendum to Privacy Policy per Facebook guidelines for Fan Page Applications). This update is effective retroactive, and supercedes any and all terms listed prior to this current version.
Thank you for your attention to this matter, and we appreciate your following us.

LATEST UPDATE TO GENERAL TERMS AND CONDITIONS: OCTOBER 29, 2015: ADDENDUM TO USE OF DOWNLOADABLE FILES/MATERIALS WITH REGARD TO CREATIVE COMMONS LICENSE FOR COLORING BOOK PAGES.

GENERAL OVERVIEW:

Problem Child Kustoms Studio, "Agency" hereafter, is a Hot Rod Design, Graphic Design and Print Design Studio, holding a mailing address at P.O. Box 444, Higley, AZ 85236. Phone hours are M-F, 8:30 AM - 3:30 PM, Arizona time, with consultation available by appointment only. Actual products or services may vary from photographs, images, illustrations and/or descriptions shown, as limitations in final process may alter the artwork and/or artistic methods required to arrive at the finished product. Agency (or employees, agents, sub-contractors, officers, partners, subsidiaries, vendors, dealers, distributors, reresentatives, customers, other companies owned by Agency, competing companies in Client’s market) is not responsible for any unintentional omissions or typographical errors and reserves the right to make changes to packages, services, operating procedures, colors, materials, features, specifications, part numbers, pricing, service turnaround time, vendors, and to discontinue any products and/or components at any time without prior notice.

PLEASE REMAIN ADVISED OF THE FOLLOWING:

Problem Child Kustoms Studio reserves the right to refuse service to any entity at any time.

Updates, changes, and/or substitutions to comissioned work are NOT unlimited. Typically, revisions are limited to two (2) changes (defined as "Minor Changes", i.e. those not requiring a complete rework of the art already in place. For example, changing a rendering to feature a chopped roof after initial design has been accepted would warrant a complete re-do, and thus new artwork, to be quoted at time of request. There are NO refunds issued in such cases for work already performed. Additional charges willo be added to final statement, and a down-payment will be required PRIOR to work on new version is to begin.), as included in original quote, with additional changes subject to hourly fees/additional materials and labor costs. There are NO exceptions.

Please be as specific as possible at time of submitting design brief to avoid possible additional charges and/or billable hours.

Renderings and concept art ARE NOT subject to unlimited re-works
, re-designs, or otherwise, and any such additional work after submission of work will be subject to additional fees for work provided, as well as subject to availability of time to complete such changes once an agreement has been made therein. If a design changes while actual project is in construction, assembly or otherwise, and the rendering/artwork is requested to be changed, charges will apply according to time and work involved. Renderings (and their subsequent LOA's) which have sat dormant for over 120 days (meaning that work has paused or been placed on hold) will be subject to a new LOA and quote, depending upon the work required to re-start the project. Reinstating a project following a period of stoppage as defined above DOES NOT AUTOMATICALLY PLACE THE PROJECT AT THE FRONT OF THE LINE. It will be scheduled as the current project list (at the time of re-start) allows. As the schedule relies on work currently on the board, the timeline may vary. We DO NOT accept gratuities, trades or other incentives to push a stalled project back to the front of the line. There are NO EXCEPTIONS.

No LOA (Letter of Agreement, as defined below) will be honored without signatures of Client and Agent (Problem Child Kustoms Studio, as noted below), and will not be considered binding unless said signatures are affixed, and the document notorized by a Notary Public, if so requested. The notarization and witnessing thereof is the SOLE RESPONSIBILITY of the end client, and without said documentation, no claims may be made or held against Agency. Please be aware that ANY down-payments or other funds paid, transferred or sent to Agency without a signed LOA are property of Agency, and refund is at sole discretion of Agency. Failure to leave a message (email, voice or post mail) regarding any communication will result in lost communication, and create delays with regard to a project or order. If there is information to be delivered, it is the responsibility of the Client to ensure delivery. Missed calls, lost post mail, emails accidentally delivered to a 'Spam' folder and other such incidents will be deemed as 'Acts of God', and thus are not the responsibility of Agency to research. Agency can not return any call that does not accompany a voice message, containing return contact information, such as a name and phone number. Please use courtesy and follow-up any messages left without a response. If any work is provided in the period prior to receipt of signed and notarized LOA, all funds are property of Agency, and NO refunds will be considered. The work provided during this period becomes the property of Problem Child Kustoms Studio, and use of said work will be viewed as theft, and proper legal action will be taken. No Copyright release will be provided, and all costs associated with legal action will become the financial responsibility of the client. Client accepts this PRIOR to any agreement for work to be performed by Agency. There are NO exceptions.

An email or telephone consultation is NOT a contract, nor any binding agreement to commence nor furnish any work based solely upon that conversation or correspondence. Any decision to pursue a project discussed during this consulting is purely that of the Agency, and Agency is not required to discuss any matyters regarding the desicion not to pursue further work once a consultation has been completed. The decision to move forward on any project discussed will be made clear in the resulting LOA, should one be drafted.

LOA'S expire 30 days from issue, there are absolutely no exceptions.


LOA's Requiring Assistance of Providers Outside of Agency:

Agency may at times suggest an outside vendor or service provider, depending upon:
Needs of the Client;
Scope of proposed work beig outside of Agency's regular operating practices;
Tight deadlines requiring outsourcing of work;
Desicion by Agency to employ the services of an outside vendor as acting service provider either through or via Agency;
Suggestion of Agency to utilize an outside vendor for partial or complete services either deemed outside of Agency realm of expertise or experience, or abuility to complete all tasks necessary for successful project delivery without outside assistance;
Client suggestion for collaborative effort on the project.

Should any of the above circumstances be at play in the course of any project either in consideration of or contracted via an LOA, any outsourcing or suggestion thereof will be made in a timely fashion (i.e. PRIOR to an LOA being issued, or prior to any course of action being pursued by Agncy or Client). Any outside vendor being utilized in the above scenario will be afforded access to ONLY that information deemed approriate by both Agency and Client, and a modified LOA issued PRIOR to any outside contract work being authorized.
This is to protect any and all interests (including, and not necessarily limited to, unless mentioned specifically in the LOA, Intellectual Property, Patent or privileged information) of both Agency and Client in matters regarding only the work named within the LOA.

PRIVACY

Your information will never be resold to third parties and is used internally to improve the quality of service only. Please read our privacy policy below.
In order to provide the highest level of service, please be advised that ALL CALLS AND COMMUNICATION MAY BE MONITORED AND/OR RECORDED to ensure proper service.

PRIVACY NOTICE:
This privacy notice discloses the privacy practices for Agency (herin www.problemchildkustoms.com).
This privacy notice applies solely to information collected by this web site.

It will notify you of the following:
•What personally identifiable information is collected from you through the web site, how it is used and with whom it may be shared.
•What choices are available to you regarding the use of your data.
•The security procedures in place to protect the misuse of your information.
•How you can correct any inaccuracies in the information.
•Information Collection, Use, and Sharing

We are the sole owners of the information collected on this site. We only have access to/collect information that you voluntarily give us via email or other direct contact from you. We will not sell or rent this information to anyone. We will use your information to respond to you, regarding the reason you contacted us. We will not share your information with any third party outside of our organization, other than as necessary to fulfill your request, e.g. to ship an order.

We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we'll use this information to contact you.


Cookies:

We use "cookies" on this site. A cookie is a piece of data stored on a site visitor's hard drive to help us improve your access to our site and identify repeat visitors to our site. For instance, when we use a cookie to identify you, you would not have to log in a password more than once, thereby saving time while on our site. Cookies can also enable us to track and target the interests of our users to enhance the experience on our site. Usage of a cookie is in no way linked to any personally identifiable information on our site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies.

Unless you ask us not to, we may contact you via email in the future to tell you about specials, new products or services, or changes to this privacy policy.


Your Access to and Control Over Information

You may opt out of any future contacts from us at any time.
You can do the following at any time by contacting us via the email address or phone number given on our website:

• See what data we have about you, if any.
•Change/correct any data we have about you.
•Have us delete any data we have about you.
•Express any concern you have about our use of your data.


Security

We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Wherever we collect sensitive information (such as credit card data), that information is encrypted and transmitted to us in a secure way. You can verify this by looking for a closed lock icon at the bottom of your web browser, or looking for "https" at the beginning of the address of the web page.
While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information.


The computers/servers in which we store personally identifiable information are kept in a secure environment.

Your online purchases are secured, and verified via a GoDaddy.com SSL Certificate, as well as PayPal's secure checkout service.


ProblemChildKustoms.com


This web site contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.

If you feel that we are not abiding by this privacy policy, you should contact us immediately via email (using contacts available HERE).

GENERAL ORDER POLICIES:
Placing an order may be accomplished utilizing the following method:

ONLINE: HTTPS://WWW.PROBLEMCHILDKUSTOMS.COM/SHOP

Most t-shirt and print orders are shipped within 2-3 business days (depending on sales volume at time of order), and any delays in the shipping process will be noted to the consumer immediately. We hate to wait, and never want you to feel that way, either.

EMAIL: please utilize our Contact page for a complete list, or contact our office for a directory.

PAYMENT POLICIES

All 1st time orders require 100% pre-payment, unless specified differently by Agency at time of contract. There are NO EXCEPTIONS.

ALL DOWN-PAYMENTS must be made via check, money order or cash ONLY. There are no exceptions made either in terms of payment, nor in time of payment for services. Work will begin when payment has cleared (usually 7-10 days), and according to the scheduled begin date on LOA.

Agency WILL NOT process a payment, whether in check, credit card or otherwise from a third-party client without WRITTEN CONSENT from said third-party client. Please do not present us with a credit card or routing number for your client. We cannot, and will not accept this form or method of attempted payment for ANY SERVICE OR PRODUCT WHATSOEVER. THERE ARE NO EXCEPTIONS.

Subsequent orders require 50% deposit with balance due upon delivery or 100% pre-payment before any work will begin on your project.

30-day terms and credit terms are not offered on down-payments or balances.

Estimates are valid for 30-days only, unless prior arrangements are made.

Estimates and purchase orders or letters of agreement (LOA) must be returned to Agency signed, delivered scanned, signed and/or notarized (see above) via e-mail or post mail BEFORE ANY WORK WILL BEGIN.

Any down payment made in a form that is deemed unacceptable at time of order AUTOMATICALLY RENDERS ANY EXISTING LOA VOID. (eg: un-signed checks, altered checks/money orders, third-party checks, post-dated checks, out-of country checks, etc). In the event of such payment, client will be notified, and either given opportunity to corect the situation, or consider any agreement for work void. Such forms of payment will be returned to Client via Certified Mail, and a new LOA must be requested, reflecting the current schedule for delivery of work/merchandise. There are NO EXCEPTIONS, and Client recognizes this prior to sending ANY form of payment.

Any down-payments or other funds paid, transferred or sent to Agency without a signed LOA are property of Agency, and refund is at sole discretion of Agency. If any work is provided in the period prior to receipt of signed and notarized LOA, ALL funds are property of Agency, and NO refunds will be considered. If client wishes to modify the LOA operational dates or otherwise, this must be conveyed via Certified Mail prior to the LOA's 30-day valid stauts. Client accepts this prior to any agreement for work to be performed by Agency. There are NO exceptions. You have been advised prior to entering into any agreement, and recognize this by sending funds.

Client or customer failure to abide by the above-stated payment options and terms claim sole responsibility for any and all time and delays presented due to inability to conform to these terms and conditions. Agency will not be held responsible for such action, and Client assumes all responsibility for understanding these terms PRIOR to entering into ANY agreement with Agency. Please contact us if there are questions and concerns PRIOR to sending any unacceptable or questionable form of payment.

For prints and merchandies available via our online store, we accept cash, business, personal and certified checks, Discover, MasterCard, Visa, American Express and PayPal.

payment type

Rush delivery and art production service are available for an additional fee schedule, as outlined below, and if order is 100% pre-paid.

Client understands that payment to Agency constitutes COMPLETE acceptance of ALL terms and conditions herein, which may be subject to change at Agency discretion and without update notification required. In the event that the Client fails to make any of the payment(s) as agreed, the Agency has the right, but is not obligated, to pursue any or all of the following remedies:
(1) terminate the Agreement, or
(2) initiate collection proceedings
(3) pursue litigation.

If payments are not made within thirty days of invoice, simple interest will accrue on the balance owed at the rate of 8% from the date the invoice becomes past due.

If past-due account is for web design or development, all live pages will be removed or suspended until payment is made on the account. Failure to make payment after second invoice notice will be interpreted as theft of services, and will be treated as such, and reported to collections. We utilize an outside agency for collections, and any future communication regarding this debt will occur between our contracted provider and the client, and additional fees may be accrued during this time, and charged by Collection Agency.

Residents of Arizona purchasing Problem Child Kustoms Studio or Disturbingly Kool Brand merchandise will be subject to AZ State Sales Tax.

SPECIAL PROMOTIONS IN ONLINE STORE:

Be advised that any special promotions, discount vouchers, gift vouchers or coupons are subject to withdrawal at any time. Failure to enter a discount code or gift voucher number when checking out will NOT result in any reimbursement or refund, there are NO EXCEPTIONS.

It is the customer's responsibility to properly enter such information at time of purchase.

Unused promo codes, gift vouchers or coupons have no redeemable cash value.

The entry fields for such vouchers or coupons is clearly marked in the shopping cart.

Any questions or concerns regarding such vouchers should be addressed PRIOR TO PURCHASE. All effort will be made to clarify any questions or concerns prior to purchase. (you may phone 480-353-1795 between the hours of 7:00 AM and 3:30 PM, AZ time, Monday-Friday, or email michelle@problemchildkustoms.com for assistance in such matters)

Products featuring Agency's work that are purchased from outside vendors (third party and licensing vendors) are the responsibility of that vendor, and all quality-related issues or communication should be made directly to the providing vendor.

BLACK FRIDAY DECK/CALENDAR BUNDLE PROMOTION.
PROMOTION HAS ENDED. POSTED AS ARCHIVAL REFERENCE ONLY.
Please be advised:
This is a limited-time offer. Only TEN (10) deck and calendar bundles, consisting of ONE (1) Limited-Edition 2011 Mahi Mah-T deck and ONE (1) AutoWeek/Rad Rides by Troy/Studio PCK 2012 calendar are available, per the offer statement made in our e-newsletter. There are ONLY ten (10) total available, and each is made available for sale via a link sent by email to the requesting customer. This link will expire on Saturday, November 26, 2011 at 11:59 PM PST. THERE ARE NO EXCEPTIONS.
This offer is NOT RETROACTIVE. Prior orders were shipped as requested, and any orders featuring this particular skate deck product did not include, implied or otherwise, a copy of the calendar. We WILL NOT retroactively provide any additional product to orders placed prior to the bundle offer being made this 23rd day of November, 2011. There are precisely TEN (10) caklendars available to complete the ten (10) offered bundles.
ONLY orders placed using the emailed links will include the deck and calendar. The item number is unique to each of the ten (10) available, and no duplicate orders will be filled. THERE ARE NO EXCEPTIONS.
AutoWeek Magazine and Rad Rides by Troy, Inc. are in no way affiliated with this offer. Their respective logos and company overviews are part of the printed calendar included in the offer, and this represents to totality in which each separate identity is involved. Problem Child Kustoms Studio is voluntarily including these calendars as part of a marketing and retail adventure, and claims no indemnity to either of the above-named companies, their employees, or affiliates, either in the past, presently nor in the future.
We reserve the right to refuse any request, for any reason deemed appropriate by our staff, including duplicate orders, multiple requests from same customer, and forged order attempts. When the ten (10) orders have been spoken for, this offer will be removed and not repeated again in the future.
As there are a limited number of calendars available to complete these orders, no extras, second runs, duplicate requests or otherwise will be granted, acknowledged or considered. This is a limited-time offer, and responsibility for ordering in a timely fashion is the SOLE RESPONSIBILITY of the customer, and we will take no responsibnilty nor shoulder blame for a missed order attempt or late order placement.
The TEN (10) available orders will be filled in the order in which they are received.
We are not responsible for email lag, late delivery from an external server, blocked IP addresses, URL's, emails marked as "spam" or otherwise. We will not be held responsible for stopped clocks, mechanical or electronic failures, acts of God, weather, injury, nor any other impediment leading to a missed or late order. Phone orders cannot be accepted. We will, however, check on orders placed to verify for accuracy and signature requests.
Again, as this is a very limited quantity offer, and no extra stock exists to fill additional orders, you have been made aware of the actions required to procure one deck and calendar bundle as described above.
These orders will ship within 2 weeks, with tracking numbers provided at time of shipment. Please contact us with any further questions or concerns.
Participants in this offer agree to not hold Problem Child Kustoms Studio, nor its affiliates responsible for any damages, real or imagined resulting from a customer's inability to procure one of the above-described bundles .
This addendum is in direct addition to the standard terms and conditions of this website and its online store policies. There are no exceptions, implied or otherwise, and customer agrees to all terms and conditions PRIOR to entering into any business with Problem Child Kustoms Studio, as described in detail below.
As with all retail purchases, the responsibilty lies with the purchaser. Please shop responsibly. Thank you for your patronage.

PRINT OF THE MONTH SUBSCRIPTIONS.
All terms and conditions associated with the "Print of the Month" Subscription service are pursuant and irrevocably tied to the existing Terms and Conditions of this site, and may not be separated, unless decreed by the website owners and their associates. As the subscriber (referred to as "subscriber" for this particular arrangement), you agree to the following terms and conditions of the following agreement, and agree to hold Problem Child Kustoms Studio (or "Agency") in no way responsible for any perceived loss or indemnification, as prescribed in the overall Terms and Conditions listed on this page. You agree that you have read and fully understand these Terms and Conditions PRIOR to entering into any agreement with Agency in regard to the Print of the Month Subscription or any other retail or service contract.

HOW IT WORKS

Select a subscription length-- three (3), six (6) or twelve (12) months, and every month you will receive an 18x24-inch print from our collection (see available prints HERE)! We will select the prints at random, and guarantee that no print will be duplicated to the same subscriber in their selected subscription run.

Upcoming Print of the Month selections will be posted via an email newsletter, which you will recieve at least five (5) working days prior to shipment of said Print of the Month selection. By purchasing a subscription, you agree to receive the above-mentioned email newsletter. It is the sole responsibility of the subscriber to read the newsletter, and determine whether or not he or she should already own a copy or version of the new Print of the Month slection. Should this be the case, we encourage you to contact the Studio PRIOR TO THE 5TH (FIFTH) DAY OF THE MONTH, by email at studio@problemchildkustoms.com (24 hours a day, 7-days a week). Failure to contact the Studio prior to shipment becomes the sole responsibility of the subscriber, and absolutely no refunds or exchanges can or will be made regarding that matter.

If you should select to cancel your subscription prior to the next print shipping, you will not receive any other prints. Cancellation is the sole responsibility of the subscriber. Problem Child Kustoms Studio may, at any time and for any reason suspend or discontinue this Subscription Service.

You can expect to receive a new print each month, usually within the first week. All Print of the Month shipments will be sent via USPS, and will be tracked for your convenience. Should you already own the upcoming Print of the Month, please let us know immediately, and we will substitute that particular print in your shipment.

Each Print of the Month Subscription (hereby referred to as "subscription") is for the specified length in the description in the Shopping Cart (3, 6 and 12 month periods). Each subscription renewal period is for the same original sale period. You may cancel your subscription at any time by sending an email to studio@problemchildkustoms, or canceling your subscription via your PayPal account. All cancellation requests must be received by the first day of the month. Cancellation requests received after the first of the month shall take effect the following month. If you have any problems, please email studio@problemchildkustoms.com. Problem Child Kustoms Studio requires a reasonable amount of time to process your subscription cancellation request. If you cancel your subscription, you will enjoy your subscription benefits until the end of the then-current subscription term, and your subscription benefits will expire at the end of the then-current subscription term for which you have paid. You will not be eligible for a prorated refund of any portion of the subscription fees paid for any unused days of the then-current subscription term.

PAYMENT AND DISCLOSURE OF COLLECTION OF FUNDS: By entering into the subscription for the determined length as selected by the subscriber during the check-out process, the subscriber acknowledges that he or she will be billed each 30 (thirty) day period for the duration of the selected subscription. No product will be sent without payment having been processed, and no refunds will be given for a particular payment period. All sales are final. Improper or fraudulent use of a PayPal account or funds will be handled via PayPal, and all necessary documentation provided to assist in the conviction of parties associated with any such illegal activity. Agency claims no responsibility for the monitoring of subscriber's funds or online shopping activities. Agency has no access to subscriber funds or data, as the transaction is soley expedited via PayPal service. The transfer of funds is handled via PayPal, with no intermediary action in said transaction being performed by Agency, except in the manner of collecting funds for merchandise purchased.

SHIPPING AND PRODUCT ACCEPTANCE: The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. For example, all new prints are shipped for the first week of each month. If you subscribe BEFORE the 15th of the month, your first print will be shipped that month. Should you subscibe AFTER the 15th of the month, your first print will ship the first week of the following month, and so-on through the duration of your subscription.Shipping dates are estimates only. All shipments are sent Priority Mail or First-Class mail via the US Postal Service. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.

Once the product is delivered to the subscriber, the Print of the Month selection(s) (referred to as "materials") are in the sole care of the subscriber, and any damage to the materials resulting from mishandling, improper care or mounting, exposure to weather or other factors, is strictly the responsibility of the subscriber, and he or she will in no way deem Agency responsible for any loss resulting from the imporper care by subscriber.

Problem Child Kustoms Studio may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site including any account thereon, without notice, for any reason in Problem Child Kustoms Studio sole discretion, including without limitation breach of this agreement and/or violation of the Terms of Service, Problem Child Kustoms Studio’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Problem Child Kustoms Studio or another user of the Site. This Agreement and the Privacy Policy constitute the entire agreement between you and Problem Child Kustoms Studio regarding its subject matter. Problem Child Kustoms Studio will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of Problem Child Kustoms Studio to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. This Agreement is only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Problem Child Kustoms Studio Party shall be a third party beneficiary hereunder. Problem Child Kustoms Studio may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, Problem Child Kustoms Studio’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Content, Products or Subscriptions shall survive such termination.

IMPORTANT NOTICE TO CONSUMER:
Problem Child Kustoms Studio will automatically renew your subscription on the end date of the subscription and, as authorized by You during the subscription sign-up process, will charge your credit card/PayPal account with the applicable subscription fee and any shipping and handling costs and sales or similar taxes that may be imposed on your subscription fee payments. It is the sole responsibility of the subscriber to cancel or terminate the subscription.

In the event of discontinuaton of service, the subscriber will be notified via the contact email utilized for the subscription. This will be the email address provided by the subscriber upon ithe start of service, and provided via the PayPal form in the shopping cart.


DOWNLOADABLE PRODUCT/CONTENT IN ONLINE STORE:

Be advised that any downloadable content or product (i.e. screen savers, desktop or mobile wallpapers, video, sounds or image files, et.al.) offered in our online store DO NOT INCLUDE ANY DATA, AIRTIME OR TRANSFER FEES. These fees are controlled via your wireless provider, and are not, nor will they be refunded, reimbursed or charged-back in any form (cash, check, credit, store credit or merchandise) by the Agency. If you have questions regarding fees or rates of this nature, please contact your provider for information.

It is the customer's responsibility to properly review their device limitations, storage and airtime agreement PRIOR to entering our store to purchase or make use of downloadable content.

Agency neither claims nor implies any warranty for downloadable content, and customer assumes all risk associated with downloading content, including but not limited to:
Damage to device, errors on device resulting from corrupted or damaged data, loss of use of device due to download/memory issues, or any other circumstance, whether directly or indirectly linked to use of downloaded content from this or any Agency owned or operated site, domain or hosting service (first, second or third-party) website or delivery service.

Client relinquishes any and all rights to litigation or arbitration upon entering into the shopping cart to download any content or media from Agency.

Downloadable materials from the Agency MAY NOT be re-sold, re-posted or otherwise distributed without written, verified express permission from Agency.

Products featuring Agency's work that are purchased from outside vendors (third party and licensing vendors) are the responsibility of that vendor, and all quality-related issues or communication should be made directly to the providing vendor.

No warranties are given. The license may not give you all of the permissions necessary for your intended use. For example, other rights such as publicity, privacy, or moral rights may limit how you use the material.

Any files made available for consumtion (eg. "Coloring Book Pages") are protected under a separate Creative Commons license, which you may view in detail HERE). Acceptance of complete terms and licensing as described here are considered valid upon Client/visitor download of stated materials.

TURNAROUND:

Service turnaround is subject to workload, availability, seasonal variation and other factors which may be beyond our control, but guaranteed turnaround may be available in some instances.
BE CERTAIN TO INQUIRE AT TIME OF ORDER.

Re-works due to client "changing their mind" or changing the subject matter of a project, or changing of needs for a particular project are subject to availability of time on the schedule, and are never guaranteed immediate turnaround. Remain advised of this, as well as the potential for additional charges if this situation should apply to your project.

RUSH ORDERS:

Orders placed during certain times of the year (prior to SEMA show, CES and OEM rendering season, etc.) may take significantly longer and may incur a 20% rush charge, especially when ordering within one week of rendering deadline. Please note that "overnight" turnaround MUST BE SUBMITTED PRIOR TO 11:00 AM Arizona time, AND THAT SUCH RUSH ORDERS WILL BE SUBJECT TO AN ADDITIONAL 150% "OVERNIGHT RUSH" CHARGE. There are NO refunds on "Overnight Rush" orders, and prior payment arrangements MUST be made before work will begin.
THERE ARE NO EXCEPTIONS.


SHIPPING:

USPS is our standard shipping method.
Both UPS Ground® and FedEx® ground shipping are available in the 48 contiguous United States (Alaska, Hawaii, International, Standard Overnight, Priority Overnight, First Overnight, and Saturday delivery will be assessed additional charges), as well as United State Postal Service (USPS) standard and "Urgent" shipping upon customer request. Local clients may opt for hand delivery as an alternative.

INTERNATIONAL ORDERS are subject to additional shipping charges, and will be contacted with a shipping quote on orders placed. Please be advised that som international orders may require extnded shipping times, due to traffic, customs holding times and other instances that are out of Agency's control when shipping outside of the Continental United States. We will make every effort to ensure that your order leaves with all applicaple paperwork in order, and that the packaging is to proper standards to ensure smooth and efficient delivery.

Overnight Rush orders may be delivered via electronic mail, or via download utilizing FTP. In such conditions, final print output is the sole responsibility of Client, and Agency assumes no responsibility for poor print quality that is the result of Client's hardware or client modification of said files once downloaded from Agency, or Agencys chosen third-party hosting provider.

The following are the responsibility of the Client: freight charges (including but not limited to in-bound, hand deliver, shipping, packaging and handling, duties, taxes, special delivery, overnight delivery, Saturday delivery, same day delivery, courier fees, and insurance in some cases -- this wil be determined at the outset of a project).
Agency shipping rates are not marked up from those of the carrier, and reflect the carrier's current pricing schedule. Thus, shipping rates are potentially subject to change without prior notice.

All other shipments, unless specified at the time of the order, will be shipped at our discretion via UPS, FedEx Ground or United States Postal Service.
All orders are shipped insured and signature confirmation requested FOB shipping point Higley, AZ.
Agency is not responsible for lost, damaged, stolen or delayed shipments.
Again, ALL INTERNATIONAL ORDERS MAY BE SUBJECT TO ADDITIONAL SHIPPING/HANDLING AND/OR DOCUMENT FEES.

CANCELLATIONS, RETURNS & REFUNDS:

Agency provides a variety of services including but not limited to marketing, advertising design, graphic design, rendering and web layout design.

Because all work is custom and service based which is open to interpretation, cancellations, returns or refunds are not accepted (excluding web maintenance agreements which can be cancelled provided a 45-day written notice is received). Client agrees to this PRIOR to signing an LOA or entering into any agreement for work, verbal, written, implied or otherwise. Any down-payments or other funds paid, transferred or sent to Agency without a signed LOA are property of Agency, and refund is at sole discretion of Agency. If any work is provided in the period prior to receipt of signed and notarized LOA, all funds are property of Agency, and no refunds will be considered. Client accepts this prior to any agreement for work to be performed by Agency. There are NO exceptions.

LOA'S returned signed and dated after 30 days of issuance are deemed null and void, and any funds paid for said work are also null and void, and become the property of Agency. A new LOA and quote may be issued, requiring receipt of 100% poayment in full PRIOR to any new work being initiated.

If Client seeks to cancel order or if Client abandons project for any reason (i.e., if Client does not respond to Agency for a minimum period of 30 days), Client is responsible for full payment and Agency is under no obligation whatsoever to issue a credit or refund.

In such instances, Client project will be considered forfeit and Client agrees not to dispute the charge with their bank, lender or credit issuing company, and forfeits any legal action against Agency.

LEGAL:

CONFIDENTIALITY:
Each party agrees that information that is confidential or proprietary may be disclosed to the other party, including, but not limited to software, technical processes and formulas, source codes, product designs, sales, costs and other unpublished financial information, product and business plans, advertising revenues, usage rates, advertising relationships, projects, and marketing data ("Confidential Information").

Neither party shall make any disclosure of Confidential Information to anyone other than its employees who have a need to know in connection with this Agreement.

Each party shall notify its employees of their confidentiality obligations with respect to the Confidential Information and shall require its employees to comply with these obligations. The confidentiality obligations of each party and its employees shall survive the expiration or termination any agreement between Agency and Client.

COPYRIGHT:

All images, written, intellectual and other material on this website are Copyright © Problem Child Kustoms Studio. No photograph, artwork, digital image or text from this website may be reproduced without the prior written permission of Problem Child Kustoms Studio. Original designs and intellectual property are registered and presented with ALL RIGHTS RESERVED. There are no exceptions. No imagery on this website may be reproduced commercially or for private use in any context whatever, either in printed or digital form, without EXPRESS, WRITTEN PERMISSION of Problem Child Kustoms Studio and accompanying agreement of the appropriate reproduction and licensing fees. Problem Child Kustoms Studio embraces a proactive approach towards protecting the copyright of our concepts, digital art, traditional art, written works and intellectual property. It is the policy of Problem Child Kustoms Studio and its benefactors to actively pursue all infringement vigorously, and take legal action when deemed necessary. Any infringement will be dealt with swiftly, and, above the standard protocol for legal and punitive damages, the infringing party will be subject to invoice at triple retail charges for the stolen work, including all rush, processing and additional fees listed in our General Terms, payable immediately upon receipt.

Failure to provide a signed and notarized LOA renders end clients rights to artwork Copyright null and void, and all works created, regardless of payments made on-time or late, remain in the possession of Agency. At Agency's discretion, rights to reproduce and use said artwork may be negotiated with Agency. Client waives all rights to outside intervention in this matter, as responsibility to return proper signed and notarized paperwork is the SOLE RESPONSIBILITY OF THE CLIENT, as described above.

INDEMNIFICATION:

Client agrees to defend, hold harmless and indemnify the Agency against all claims, damages, costs, liabilities, expenses and settlement amounts (including reasonable attorneys’ fees) in connection with any claim, action or proceeding by any third party alleging that all or any portion of the content or product provided by Client for a web site or other deliverables infringes such third party’s patent, copyright, trademark, trade secret, or other intellectual property right(s).

The Client shall not settle any such claim or action without the Agency’s prior written approval.

Client further agrees to indemnify and hold harmless the Agency for any claims, damages, costs, liabilities, expenses and settlement amounts (including reasonable attorneys’ fees) in connection with ANY claim, action or proceeding by any third party arising from Client’s publication of material or use of material developed by Agency or that may arise or result from any service provided or performed or product sold by the Client.

The Client shall not hold the Agency responsible for any injury, lost wages, property damage or otherwise resulting from use of one of our products or services. Client assumes all risk associated with use of said product, and hereby assumes all responsibility associated with their actions. The Agency is not a sports equipment retailer, and all skate decks sold via the online store are sold with the express understanding that they are works of art, and are to be treated and used as such: Display items ONLY. Attempts to use these items in any way that varies from this description is at the sole discretion of the Client, and the Agency will not be held liable for injuries or damages resulting from said use.

LICENSING FEES:

Our artwork licensing fees are competitive given the quality and uniqueness of our work. Our pricing schedule is competitively lower than many standard arrangements in the industry, and we feel that it offers tremendous value. We do not offer any bulk pricing, as each work has unique qualities. Please contact us for more details. Licensing fees are based on intended usage. Please provide us withn outline of your intended use for each work, so that we may provide an accurate quote, and supply proper formats to you for production of licensed works.

LIMITED WARRANTY AND LIMITATIONS ON DAMAGES:

The Agency represents and warrants:
a. that it has full and sufficient right to assign or grant the rights granted pursuant to this Agreement.
b. that any work or other deliverables do not, and will not in the future, infringe any intellectual property (including, without limitation, any copyright, U.S. patent, or trademark), publicity, privacy or any other proprietary rights of any third party and are not defamatory.

The Client represents and warrants:
a. that it has full and sufficient right to assign or grant the rights granted pursuant to this Agreement.
b. that any content provided to Agency (including but not limited to elements of text, graphics, photos, designs, trademarks or other artwork furnished to the Agency for inclusion in any Client Collateral materials) does not, and will not in the future, infringe any intellectual property (including, without limitation, any copyright, U.S. patent, or trademark), publicity, privacy or any other proprietary rights of any third party and is not defamatory
c. that the Client will not pursue legal action against Agency in any form. All issues arising will be decided by an independent arbitrator located in Maricopa Country, State of Arizona. There are no excpetions.

PROMOTION:

Agency is allowed to promote relationship with Client (with or without Client expressed approval and during or after Client relationship) for as long as Agency sees fit. This applies to anything the Agency prepares or assists in preparing for Client including but not limited to advertising, graphic design, marketing, rendering and/or web design services and/or materials.
Client agrees that Agency is not exclusive to Client and Agency is free to represent any other company.

Furthermore, Agency cannot in any way be held responsible for any existing or future Clients of Agency who may directly or indirectly enter into competing markets against said Client in this agreement. Agency is under no obligation to disclose to it's Clients potential conflicts which or may not exist between itself and other Clients and cannot be held liable for damages which may occur as a result of such a conflict.

EXCLUSIONS:

Fees charged by Agency do not include advertising space fees; advertising short rates; printing; postage; bulk mail processing fees; mailing list processing fees; fax charges; photography charges; 800# setup fees or long distance charges or any other fees relating to advertising tracking; phone charges of any kind; copywriting; copyrighting or trademarking; software; training of any kind; freight charges (including but not limited to in-bound, hand deliver, shipping, packaging and handling, duties, taxes, special delivery, overnight delivery, Saturday delivery, same day delivery, courier fees, and insurance); printing vendor proofs; SWOP proofs; rush charges; changes after deadline; state tax for Arizona companies only.

Agency is not responsible for risk with respect to liability, perceived or actual copyright infringement or litigation or damages arising from copyright infringement; damages resulting from computer viruses, worms, Trojan horses, computer spyware; computer failure or malfunction; computer corruption; damages caused by identity theft and/or credit rating; legal research or advice; minor product scratches from handling; in-transit damage; printing errors; typographical errors; factual errors; delays caused by any circumstances out of our control; acts of God; theft; riots; fires; floods; hurricanes; vandalism; misplaced items; lost items; or other items mentioned in this agreement as not included; credit card/debit card processing fees; credit card/debit card interest fees; any associated bank or credit card fees; legal fees of any kind or any litigation arising from Client’s association with Agency or any damages of any kind; claims or financial loss (implied or actual), inconvenience, lost opportunity costs, damages to any relationship (personal or business), damages to reputation caused by Agency (or employees, agents, sub-contractors, servants, officers, partners, assigns, subsidiaries, vendors, dealers, distributors, reps, customers, other companies owned by Agency, competing companies in Client’s market).

Agency WILL NOT be held responsible for Client's lost wages, time or market share for any reason, including late delivery on project, lost time due to re-works, revisions or otherwise. Client agrees prior to working with Agency that this is acceptable risk, and that all risk and responsibility in this matter lies with the Client and their representatives/partners. Client waves any rights to file suit, arbitration or otherwise prior to beginning any work with Agency.

ASSIGNMENT OF PROJECT:

The Agency reserves the right to assign certain subcontractors to this account to as deemed necessary by the Agency. The Agency warrants all work completed by subcontractors for this account though the subcontracors used.

To repeat above conditions, NO WORK will be provided in ANY format without Client's return of signed and notarized LOA within the timeframe stated on the original LOA. Funds paid to Agency prior to the return of signed and notarized LOA within that timeframe become the property of Agency, and refunds are at sole discretion of Agency. ANY work performed in that grace period is subject to full charges of quote amount, should Client rescind, or seek another Agency for their project. Client understands this policy PRIOR to entering into any agreement with AGENCY, be it verbal, written or otherwise. There are NO exceptions to this policy.

(see above for down-payment and acceptable forms of payment information)

BINDING EFFECT:

This policy shall be binding upon and insure to the benefit of the Client and the Agency and its respective successors and assigns, provided that the Agency may not assign any of its obligations under this Agreement without the Client’s prior written consent. This agreement begins upon first contact with Agency and through duration of any project or termination of any project, whichever shall present itself.

OWNERSHIP RIGHTS:

a. The following shall be the sole and exclusive property of the Client:
(i) Any text, photos, graphics, audio components, software, documentation, images, or other materials of any kind or nature made available to the Agency by the Client for use in development or publication of the Work.
(ii) The Client’s trademarks, service marks, copyrighted materials, and all materials listed in (i) above shall remain the property of the Client, except where noted at outset of project.

b. The following shall be the property of the Agency: All text, photos, graphics, audio components, programs, routines, subroutines, interfaces, navigational devices, menus, menu structures or arrangements, icons, help and other operational instructions, computer code, procedures, scripts, software designs, database designs, or other materials of any kind or nature originally developed by the Agency or licensed to the Agency for general use by the Agency. Client shall be granted an exclusive license to use the Work created by Agency for Client subject to the terms and provisions in (c). However, Agency shall own all copyrights to the Work and retain ownership of the original Work. Agency is under no obligation, whatsover, to provide software, software training, processes, databases, mailing lists, links, files, e-mails, fonts, backgrounds, calibrating equipment, printing equipment, computer equipment, photographs, icons, special effects, vendor information, personal contact information, original un-flattened artwork to Client. Agency chooses all software, hardware, vendors, processes, etc. at its own discretion. Agency is not responsible for Client compatibility with the aforementioned and is under no obligation to transfer information over to non-standard Agency platforms (all transfers will occur at Client expense).

c. Agency grants Client an exclusive license to the original artwork for Client's business/personal use provided Client understands and is authorized by Client to agree to the following:
Client is granted a limited use license however Agency retains the exclusive right to use the artwork in Agency portfolio and promote Client design as a sample of Agency work at Agency discretion for any purpose Agency chooses for as long as Agency chooses. Terms of any license will be made via the project LOA.

d. Agency holds exclusive right to publication and/or resale of any works created following original public display of said work by Client. Unles specifically agreed upon, Agency may reproduce, distribute or offer for sale and public consumption the work created via digital download or physical print reproduction, up to and inclusive of Fine Art prints, digital works (eg. cellular telephone/electronic device "wallpaper" images), posters or apparel. Any atrangement to make said work sole property of client MUST BE ARRANGED PRIOR TO PRESENTATION OF THE ORIGINAL LOA FOR THE JOB. There will be no exceptions. Again, terms of any license will be made via the project LOA prior to the start of ANY work for said LOA.


GOVERNING LAW: All disputes that arise out of or relate in any way to this Agreement shall be governed by and interpreted in accordance with the substantive law of the State of Arizona, in addition to any applicable federal law.

Venue for the resolution of any dispute arising out of or relating to this Agreement shall be in Maricopa County, Arizona, at the sole discretion of Agency, and take place via an independent arbitrator.


GENERAL DISCLAIMERS (Applies to All Services):

Client is responsible for supplying company specific typefaces not currently available in the Agency typeface library; any and all company and/or product logos, product and/or vehicle photography in the following formats (prints, slides, negatives or 300 DPI digital .TIF, .JPEG, or .EPS); space charges (Client will always be direct billed from publisher); SWOP proof charges; signing publisher liability waivers and space contracts; digital proofing via Agency web site (including but not limited to checking of accuracy of facts and/or claims, product part numbers, product descriptions, product names, product pricing, all company contact information, copyright/trademark notice, etc.); final approval via Agency web site; design fees and all related service fees provided by Agency if project is abandoned or cancelled. Agency supplied typefaces, illustrations; backgrounds and photography are not exclusive to any specific Client. If Agency provides photography services to Client (always at an additional charge), Client is responsible for supplying all products/vehicles/etc. to Agency. These items will be returned to Client upon completion of project. Certain products and/or services provided by Agency may require utilization of a 3rd party vendor. As such, final pricing and availability are subject to change from those listed on our web site and/or price guides when you place your order. We will try to notify you of such a change when order is placed.

Agency WILL NOT be held responsible for Client's lost wages, time or market share for any reason, including late delivery on project, lost time due to improper or insufficient payment, late payment, re-works, revisions or otherwise. Client agrees prior to working with Agency that this is acceptable risk, and that all risk and responsibility in this matter lies with the Client and their representatives/partners. Client acknowledges this prior to entering into contract with Agency.

BE ADVISED: Absolutely NO WORK will begin without the receipt and clearance of the down-payment. There are no refunds on comp work, or pre-visualization work for a project. If the project is terminated by either party, the client may request to have comps created for their project supplied to them in a flattened .jpg or .tiff file, either by email or on CD. There are no exceptions. Any down-payments or other funds paid, transferred or sent to Agency without a signed LOA are property of Agency, and refund is at sole discretion of Agency. If any work is provided in the period prior to receipt of signed and notarized LOA, all funds are property of Agency, and no refunds will be considered. Client accepts this prior to any agreement for work to be performed by Agency.
There are NO exceptions.

BE ADVISED ALSO: Any requests for refund due to Client's change of project scope, requirements, technical requirement changes or dispute are the SOLE DISCRETION OF AGENCY, there are NO EXCEPTIONS. Client agrees to this term PRIOR TO signing an LOA, or agreeing to ANY service offered by Agency.

1999 PRICING SALE -- SALE HAS ENDED. POSTED AS ARCHIVAL REFERENCE ONLY.

Our "Pricing Like It's 1999" single-view rendering sale applies ONLY to work orders placed between 1/1/10 and 2/28/10. All prior work orders and quotes are not subject to this sale, and absolutely no retroactive pricing or discounts will be honored or modified with respect to this event. All work orders placed in the sale period will be honored on a first-come, first-served basis, and scheduling will be based upon amount of work taken in and receipt of payment.

•This special applies ONLY to single-view renderings (front or rear 3/4 or profile views).
•Additional views may be ordered at additional cost.
•All renderings will be delivered on 19x13-inch premium quality stock, packed in mailing tubes and sent via USPS
•All work orders must be submitted with proper payment and a signed copy of the LOA

Any requested "rush" orders will be subject to our standard Rush Fees as defined in our standard terms and conditions.

As this is, by nature, a limited-time offer on a single service, there will be no refunds on previously-created works, and any revisions will be limited to one round. Please be advised that expected workflow will be high, and that phone calls will be returned as quickly as possible, and phone volume will be higher than usual during this sale. Your calls and inquiries will be returned in the order received and with the greatest of concern.

ADVERTISING AND DESIGN:

All ads designed by Agency which include the Problem Child Kustoms Studio or Disturbingly Kool logos make the Client potentially eligible to receive a 15% agency discount. The discount may be applied to future design projects with Problem Child Kustoms Studio.

NOTE: All changes after final approval and are subject to a $100/hour charge with a 1/2 hour minimum.

All work requested after published magazine close dates or necessary printing deadlines are subject to a rush charge of 20% of the design cost.

Any payment outstanding following publication of ad will be assesed a 100% default fee, and be sent to collections immediately. It is the client's reponsibility to settle the account PRIOR to publication of work provided, as per theor LOA. Agency reserves the right to withold any hi-res artwork until payment is made, regardless of publication's filing date for ad materials.

Agency makes no guarantees to ad response rates (including but not limited to phone calls, web site hits or click throughs) and conversion rates. Agency cannot guarantee the colors shown in any digital or printed proof will match the final printed piece supplied to or by any printer or publisher. Client understands that all 2-color, 4-color or more designs and/or designs appearing in newsprint, on silk-screened apparel, on embroidered apparel, etc. are subject to substantial color variation and significant additional color setup charges for which Agency cannot be responsible.

RENDERINGS:

Renderings are custom, mixed media commissioned artwork provided on a first come, first served basis and are not returnable or cancelable once began. All projects require in-depth input from the Client using on our online viewing and approval system (e-mail can be used as an alternative).
All turnaround times mentioned verbally, electronically or on order forms are approximations only, never guaranteed to be within a specific time period and subject to work load and development of concept(s).

Agency reserves the right to refuse service to any entity at any time. This includes new, prior or future clients.

All orders placed 3 weeks (or less) before the published OEM proposal deadlines are subject to a mandatory 100% rush fee. There are no exceptions. This translates to 100% additional fee, added to the rendering quote. Please schedule accordingly to avoid such charges.

Client understands that special concepts, elaborate concepts, prototype concepts, etc. can take several weeks or months to complete and require in-depth input from the Client for completion. Upon completion, renderings are delivered unframed unless a frame is specifically ordered at an additional charge, and remain advised that this may add substantial time for delivery.

As stated above, and reprinted here for the sake of clarity:

Renderings and concept art ARE NOT subject to unlimited re-works, re-designs, or otherwise, and any such additional work after submission of work will be subject to additional fees for work provided, as well as subject to availability of time to complete such changes once an agreement has been made therein. If a design changes while actual project is in construction, assembly or otherwise, and the rendering/artwork is requested to be changed, charges will apply according to time and work involved. Renderings (and their subsequent LOA's) which have sat dormant for over 120 days (meaning that work has paused or been placed on hold) will be subject to a new LOA and quote, depending upon the work required to re-start the project. Reinstating a project following a period of stoppage as defined above DOES NOT AUTOMATICALLY PLACE THE PROJECT AT THE FRONT OF THE CURRENT SCHEDULE AT THE TIME OF INQUIRY. It will be scheduled as the current project list (at the time of re-start) allows. As the schedule relies on work currently on the board, the timeline may vary. We DO NOT accept gratuities, trades or other incentives to push a stalled project back to the front of the line. There are no exceptions.

Typically, revisions are limited to two (2) changes (defined as "Minor Changes", i.e. those not requiring a complete rework of the art already in place. For example, changing a rendering to feature a chopped roof after initial design has been accepted would warrant a complete re-do, and thus new artwork, to be quoted at time of request. There are NO refunds issued in such cases for work already performed. Additional charges willo be added to final statement, and a down-payment will be required PRIOR to work on new version is to begin.), as included in original quote, with additional changes subject to hourly fees/additional materials and labor costs, and WITHIN THE 120-DAY TIME LIMIT, AS DEFINED ABOVE. There are NO exceptions.

Please be as specific as possible at time of submitting design brief to avoid possible additional charges and/or billable hours.


Our physical renderings are delivered18-inches wide by 24-inches tall on average, and are delivered on superior paper stock.

Renderings are subject to the terms and conditions of our ownership rights agreement.

Please contact us for enlisted military rates, as discounts may apply.

WEB SITES:

Client is responsible for web hosting; domain name registration; secure server certificates, merchant account setup and processing fees; order processing fees; shopping cart license fees, providing: current web site user name; password; web host contact information; all existing web site files; naming software titles currently used to maintain web site; basic technical information.

Agency is NOT a software or Web Development company, but is a Design Agency specializing in visual composition. All development work will be either sub-contracted or purchased from a reputable provider, and integrated either in-house, or by a third-party provider. Agency neither claims nor professes to be a developer of web systems, software, integration or strategy.

Agency is NOT a systems architecture expert, nor does it make any claims to be. Agency does not design systems, networks, computer systems or infrastructure. Agency DOES not repair, customize or offer computer systems for sale. Agency does NOT develop software or applications for business, home or graphic design and entertainment use.

Agency is a MAC-based operation, and does not work in a Windows environment, possess Windows software, nor develop applications or software for Windows. Any files provided by Client to Agency MUST be accessible to Agency in the MAC Operating System, and any file transfers or documentation deemed unreadable by Agency systems will be dismissed, or placed before a third-party to access. This may be subject to additional fees, which Client will be advised prior to Agency pursuing outside assistance. Client agrees to this policy PRIOR to beginning ANY project with Agency, and agrees to make concessions with regard to time, assistance opening or converting files, or replacing files delivered in an inaccessible format. Any time lost on a project due to an issue as described here is the SOLE RESPONSIBILITY OF THE CLIENT.

Server up-time/down time, data backups, anti-virus protection, spam protection, denial of service attacks, server speed or lack thereof, data corruption while on host web server, fault tolerance, host server power supply, power backup, general data security are the responsibility of the Web host and the Client, not Agency.

Client acknowledges that agency does not warrant that web site will work on all platforms or will be available for any specific percentage of time.

Web site maintenance agreements are to be paid via pre-arranged method on the 1st or 15th of every month.

If Client requests or requires any of the following custom programming, the programming may be provided by a 3rd party at Client expense: including but not limited to CGI, Perl, Python, PHP, ASP, Cold Fusion; Oracle, Microsoft SQL, DOS, Virtual Basic, Flash, C, C+, C++ and certain XML functions. Client remains advised to research such technology and discuss any limitations with Agency PRIOR to any work being performed. This is Client's responsibility, and Client is aware of this prior to signing an LOA, or agreeing verbally or otherwise for any work from Agency.

Simple web sites can be completed approximately 8-12 weeks provided all information requested of Client is received in a timely manner.

Complex or E-commerce web sites can take approximately 6-12 months. Completion times listed are general only and subject to change depending on design elements, database(s), image enhancing and other factors.

Additional pages not within the scope of original web design or maintenance contract are billed $150/page and associated images scans with color corrections and clipping paths are $90/scan.
     
       
       
  If you require more assistance with our terms and conditions, please do not hesitate to contact us.

   
 
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